While the right to strike is recognized as a legitimate weapon of collective bargaining, it is a statutory right and not a fundamental constitutional right (*T.K. Rangarajan v. Government of Tamil Nadu*).
1. Statutory Definitions (Section 2(q) & 2(l))
- Strike (Section 2(q)): A cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal under a common understanding to continue to work.
- Lockout (Section 2(l)): The temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. (The employer's counterpart to a strike).
2. Prohibition of Strikes in Public Utility Services (Section 22)
Public Utility Services (like railways, electricity, water, public health, posts) cannot go on strike or lock-out without complying with these strict provisions:
- No strike/lockout without giving a written notice of strike to the employer within six weeks before striking.
- No strike/lockout within fourteen days of giving such notice.
- No strike/lockout before the expiry of the date of strike specified in the notice.
- No strike/lockout during the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.
3. General Prohibition of Strikes (Section 23)
In any industrial establishment (whether public utility or not), no workman shall go on strike, and no employer shall declare a lockout:
- During the pendency of conciliation proceedings before a Board and seven days after its conclusion.
- During the pendency of proceedings before a Labour Court, Tribunal, or National Tribunal and two months after its conclusion.
- During the pendency of arbitration proceedings and two months after its conclusion (where a notification is issued under Sec 10A).
- During any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.
4. Illegal Strikes & Lockouts (Sections 24 & 25)
A strike or lockout is completely illegal if it is commenced in contravention of Section 22 or Section 23, or continued in defiance of an express government ban under Section 10(3). Under Section 25, no person shall knowingly expend money to support an illegal strike.